Welcome to this Web site, which is owned and operated by THE CONSTRUCTION SITE PTY LTD and/or THE CONSTRUCTION SITE PTY LTD's subsidiary, affiliate or related company (throughout these Terms of Use "THE CONSTRUCTION SITE PTY LTD" refers collectively to THE CONSTRUCTION SITE PTY LTD and its subsidiaries, affiliates and related companies) (the "Site"). THE CONSTRUCTION SITE PTY LTD maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. THE CONSTRUCTION SITE PTY LTD reserves the right to modify content on the Site and these Terms of Use periodically without prior notice. Use of Content on the Site
You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THE CONSTRUCTION SITE PTY LTD without the express written consent of THE CONSTRUCTION SITE PTY LTD. You may not use any meta tags or any other "hidden text" utilizing THE CONSTRUCTION SITE PTY LTD's name or trademarks without the express written consent of THE CONSTRUCTION SITE PTY LTD. You may not use any THE CONSTRUCTION SITE PTY LTD logo or other proprietary graphic or trademark as part of the link without express written permission. You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by THE CONSTRUCTION SITE PTY LTD. Reviews, Comments, Communications, And Other Content You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. By submitting information, you grant THE CONSTRUCTION SITE PTY LTD a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. Products and Services Offered By THE CONSTRUCTION SITE PTY LTD on the Site THE CONSTRUCTION SITE PTY LTD offers products and services on the Site. When you enroll to obtain a product or service from THE CONSTRUCTION SITE PTY LTD on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, THE CONSTRUCTION SITE PTY LTD does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete or error-free. Copyright Information
The Site and the content within the Site are the property of THE CONSTRUCTION SITE PTY LTD or its suppliers and are protected by Australian copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of THE CONSTRUCTION SITE PTY LTD. THE CONSTRUCTION SITE PTY LTD reserves all rights in the Site and its content not specifically granted in any agreements with THE CONSTRUCTION SITE PTY LTD or in the Terms of Use. Privacy Statements
Because we respect your right to privacy, we have developed a Privacy Statement to inform you about our privacy practices. Please view the Privacy Policy applicable to the specific site you are reviewing. Third Party Web Sites and Information The Site may provide hyperlinks to third party Web sites or access to third party content. THE CONSTRUCTION SITE PTY LTD does not control, endorse, or guarantee content found in such sites. You agree that THE CONSTRUCTION SITE PTY LTD is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that THE CONSTRUCTION SITE PTY LTD shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. Disclaimer
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND THE CONSTRUCTION SITE PTY LTD, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CONSTRUCTION SITE PTY LTD AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY THE CONSTRUCTION SITE PTY LTD ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. THE CONSTRUCTION SITE PTY LTD DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND THE CONSTRUCTION SITE PTY LTD, THE CONSTRUCTION SITE PTY LTD, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THE CONSTRUCTION SITE PTY LTD, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Indemnity
You agree to defend, indemnify, and hold harmless THE CONSTRUCTION SITE PTY LTD, employees, attorneys and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply. Applicable Laws
All matters relating to your access to and use of the Site shall be governed by Australian federal law or the laws of the States of where the specific Web site you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific Web site you are viewing is hosted. If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. Contact Information
If you have any questions regarding these Terms of Use, please contact THE CONSTRUCTION SITE PTY LTD at webmaster@theconstructionsite.com.au. Date Created: December 1 2002
Last Modified: December 1 2002
1 Agreement
1.1 The service is provided by THE CONSTRUCTION SITE PTY LTD (hereinafter referred to as "TCS"), and the use of and the services provided therein (hereinafter referred to as "Service") is governed by the following Terms and Conditions of Use.
1.2 Any person accessing this Site (hereinafter referred to as 'the User") and using the Services provided therein agrees to follow and be bound by the terms and conditions contained in this Agreement.
1.3 TCS may amend this Agreement at any time by posting the amended Agreement on its web site and the effective date on which the amended Agreement is so posted. In addition, TCS will email Client notice of the amended Agreement. Without limiting the generality or effect of the foregoing, TCS may also add, delete or modify some or all of its Services at any time in its sole discretion.
2 Service
2.1 TCS agrees to provide Client with: (i) space on one of TCS servers to host a site on the Internet (“Web Site”), (ii) a licence to use any TCS proprietary software, and (iii) various other services to facilitate the maintenance of the Web Site (collectively, “Services”) as more specifically set forth in Client’s Plan and this Agreement.
2.2 TCS shall provide the Services so that the Web Site is accessible to third parties via the World Wide Web portion of the Internet as specified herein.
3 Responsibilities
3.1 TCS shall endeavour to provide the Service in a professional manner.
3.2 Client is responsible in maintaining its own Internet access and all necessary telecommunications equipment, software and other materials at Client's facilities necessary for its end user's to access its information and materials through the Service. Changes in contact personnel will be promptly communicated to TCS in writing (including notices by electronic mail sent to the appropriate contact).
3.3 TCS reserves the right, in its sole discretion, to exclude or remove from the Web Site any Client content for any of the following reasons: (i) Client Content is not Server ready, (ii) CGI scripts or programs consume an unreasonable amount of Central Processing Unit (“CPU”) usage, Random Access Memory (“RAM”), Network Bandwidth or Disk Input/Output Activity (“Disk I/O”), (iii) Client has become the subject of a government complaint or investigation, (v) Client breaches Acceptable Use Policy (AUP) published on TCS web site, or (vi) any other reason which may violate or infringe any law or third party rights or which otherwise may potentially expose TCS to criminal liability or public ridicule, provided that such right shall not place an obligation on TCS to monitor or exert editorial control over the Web Site.
3.4 Client is responsible for ensuring a current copy of the content or Web Site is located at their premises.
3.5 Client acknowledges that maintenance must be performed from time to time. TCS will attempt to perform all scheduled maintenance at times which will affect the least amount of customers, and TCS will attempt to provide reasonable notice to Client’s prior to maintenance being performed.
3.6 TCS cannot guarantee unique Internet protocol (hereinafter referred to as "IP") addresses for Clients. TCS reserves the right to renumber its network and cannot guarantee continuity of initial IP address assigned nor be responsible for any dependencies. TCS will provide reasonable notice should renumbering occur.
3.7 THE CLIENT acknowledges TCS reserves the right not to install any third party software on its servers including but not limited to COM Objects, Perl Modules and other 3rd party binaries.
3.8 TCS will provide technical support limited to scope of service provided. Technical support for queries involving the provision of programming code or troubleshooting programming code may incur additional fees. Customer is responsible for seeking technical support from their ISP for issues related to Internet connectivity. TCS may deem a support query related to Internet connectivity at its discretion.
3.9 HTTP log files are provided as a means of producing statistics. Customer is responsible for report creation and maintaining a copy of reports. TCS reserves the right to remove log entries that are older than 1 month, or that are excessive in size. Customer acknowledges that log files contribute to total disk space used for each hosting package.
3.10 TCS provides production environment for web content. Customer is responsible for testing scripts in development environment managed by themselves. TCS servers are not to be used to compile code or test code.
3.11 Email facilities provided with shared hosting products are not deemed enterprise level solutions. As such, TCS mail servers reject email messages exceeding 3MB in size. TCS also advises customers not to leave mail on server when downloading.
3.12 Client is responsible for confidentiality of their Username and Password. In the event of a lost Account Username and/or Password you will require your Account ID to retrieve it. Your Account ID can be found on your invoice. Your Account Username and Password are used for access to Client areas on the Web Site [including but not limited to Staging Areas] and general security purposes. This Password allows you to modify information related to your account over the telephone. If you have lost or misplaced your Account Password, you may recover it by entering your Account ID (Shown on your Invoice) from the Login page and then pressing 'Submit'. Your Account Password will then be forwarded to the contact email address we have on record.
TCS will be unable to provide assistance to the Client without Client's account Account Password, and under NO circumstances will TCS be able to provide the Client's Account Password to the Client over the telephone.
If the Client's contact email address TCS has on record is incorrect or unaccessable, the Client is required send a signed letter on a Company letterhead requesting that TCS resend the Account Password to the Client. The Client must include a new email address the Account Password should be sent to along with at least one Domain Name registered to the Client's Account.
IN NO EVENT SHALL TCS BE LIABLE TO CLIENT OR TO CUSTOMERS OF CLIENT FOR ANY DAMAGES RESULTING FROM A LOST ACCOUNT ID AND/OR PASSWORD
4 Fees
4.1 THE CLIENT shall pay TCS a setup fee (if any) and a monthly or annual fee as set forth in the TCS fee schedule for THE CLIENT'S corresponding Plan. The fee schedule may be found on TCS web site and is hereby made part of this Agreement. All such fees due to TCS shall be received at TCS by 5:00 pm on the date due ("Payment date").
4.2 Payments to TCS may be made by Cheque, money order and accepted credit cards in Australian dollars. TCS can refuse payment by credit card for amounts over AUD$1,000. In the event that a cheque is returned as unpayable, Client will be sent a suspension of Services email which will grant 7 days to make payment and charged a AUD$45.00 returned cheque fee.
4.3 Credit cards shall be charged seven (7) days prior to the Payment date as set forth in the specific Plan to the credit card number given to TCS at the time of registration for the plan. Payment of Credit card includes the authorisation to charge all recurring fees and charges to the Credit card on file with TCS. If the Client's Credit card is denied for any reason, Client will be sent a notice by email. If payment is not received at TCS by the date due, TCS may make one final attempt to charge Client's Credit Card on or around the due date. If payment is not secured by 5:00pm on the due date, Client will be sent a suspension of Services email, which will grant 7 days to make payment.
4.4 Failure to pay any fees on or before the due date shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Services by TCS, the immediate removal and deletion of all Client Content from the Web Server and will be sufficient cause for immediate termination of this agreement by TCS. Any such suspension does not relieve Client from paying past due fees plus interest thereon at the rate of 2% per month or the maximum allowable rate under applicable law, and in the event of collection enforcement, Client shall be liable for any costs associated with such collection, including but not limited to, legal costs, court costs and collection agency fees.
4.5 All fees are exclusive of all taxes and duties including Goods and Services Tax ("G.S.T"). All taxes will be itemised for the Client.
5 Term, Termination and Renewal
5.1 TERM Upon acceptance by TCS, this Agreement shall remain in effect for the time frame set forth in the Client's Plan (hereinafter referred to as "Term"), unless otherwise terminated in accordance with this Agreement.
5.2 TERMINATION FOR BREACH. Except as otherwise provided herein, either party may terminate the Agreement on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. TCS reserves the right to immediately suspend any access to the Web Site until such breach or noncompliance is cured.
5.3 TERMINATION FOR CONVENIENCE. Either party may terminate the Agreement for any reason with thirty (30) days written notice to the other party. In the event of termination under this section by Client, Client shall not be entitled to a refund of any fees paid for the current Term and termination will only be affected once Client receives written communication from TCS. In the event of termination under this section by TCS, Client shall be entitled to a pro-rata refund of the fees paid during the current term, but only in the event that the Client was not in breach of the Agreement at the time the termination was given by TCS.
5.4 Renewal. The Term of this Agreement shall automatically be renewed for the same term as set forth in the Client’s Plan, unless prior to fourteen (14) days in advance of the end of the Term, Client either: (i) faxes a cancellation request to TCS containing the account name, password, reason for cancellation and signature of Client. Termination will only be affected once Client receives written acknowledgement of receipt of cancellation request from TCS.
6 Warranty, Disclaimer, Limitation on Liability & Indemnity
6.1 Warranty Disclaimer. TCS MAKES NO WARRANTIES HEREUNDER, AND TCS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TCS AGENTS HAVE NO AUTHORITY TO GIVE SUCH WARRANTIES ON BEHALF OF TCS.
6.2 Limitation on Liability. IN NO EVENT SHALL TCS BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES PROVIDED BY TCS, INCLUDING WITHOUT LIMITATION, RELATED TO THE PERFORMANCE OR BREACH THEREOF, EVEN IF TCS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TCS LIABILITY, IF ANY, TO CLIENT HEREUNDER SHALL IN NO EVENT EXCEED THE TOTAL AFTER TAX PROFITS OF TCS UNDER THIS AGREEMENT.
IN NO EVENT SHALL TCS BE LIABLE TO CLIENT OR TO CUSTOMERS OF CLIENT FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF TCS IN THE DELIVERY OF THE SERVICES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DELAYS CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS OR STRIKES.
6.3 Indemnity. Client agrees to indemnify, defend and hold harmless TCS, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability.
7 Miscellaneous Provisions
7.1 Publicity. TCS may refer to the name of the Client, the Clients product(s) or the business in which the product(s) are used in their customer listings, on their web site, in a customer profile, or in a press release, without the consent of Client.
7.2 Governing Law; Venue. This Agreement shall be governed by and shall be interpreted and enforced in accordance with the laws of the state of NSW (Australia) The parties agree that the sole and exclusive venue for any disputes arising hereunder shall be in a state a court located in NSW, Australia. In the event that the state of New South Wales does not have power or laws to cover the issues in dispute or this document then it shall be governed by and construed in accordance with the laws from time to time in force in the Commonwealth of Australia.
7.3 All content on the TCS Web Site is subject to and protected by the Copyright Act as amended and all rights are reserved by TCS.
7.4 All provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision and in the event that some provision is construed as illegal, invalid, void or unenforceable the remaining provisions of this Agreement shall not be affected thereby and shall be interpreted and enforced as if such illegal, invalid, void or unenforceable provisions were not ever incorporated in this Agreement.
7.5 Client may not assign its rights and obligations under this Agreement without written consent from TCS.
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